Inter-Country Adoption

1. What is Inter-Country Adoption?

Inter-Country Adoption refers to the socio-legal process of adopting a Filipino child by a foreigner or a Filipino citizen
permanently residing abroad where the petition is filed, the supervised trial custody is undertaken and the decree of
adoption is issued outside the Philippines.

2. Is there any law in the Philippines that supervises the inter-country adoption of children?
Yes, Republic Act 8043, An Act Establishing the Rules to Govern Inter-Country Adoption of Filipino
Children, and for Other Purposes was implemented in 1995. This act is also known as the Inter-Country
Adoption Act of 1995.

3. Who may be adopted?

Only a legally free child may be the subject of inter-country adoption.

4. Is there an age limit for a child?

Yes. A child means a person who is below fifteen (15) years of age unless sooner emancipated by law.

5. What is legally-free child, as defined in R.A. 8043?

A Legally-free child means a child who has been voluntarily or involuntarily committed to the Department of Social
Welfare and Development, in accordance with the Child and Youth Welfare Code.

6. What children are available for inter- country adoption?

Children available for inter-country adoption placement are those who cannot be placed with an adoptive family in the
Philippines. (For relative adoption only up to the 4 th degree of consanguinity)

a. All children have to be cleared for inter-country adoption by the Competent Authority - Programs and Projects
Bureau of the Department of Social Welfare and Development (PPB DSWD)-Central Office.

b. Children of either sex are usually available but there may be longer waiting period for girls because of the Filipino
culture whereby families hold on to their daughters since they are generally more submissive, less difficult to parent
and can be relied upon to care for their family of origin even until parental senescence occurs.

c. The allowable age of Filipino children for Inter-country Adoption (ICA) is below 15 years old. A child who is above
15 years old may be processed for ICA when the following circumstances prevail:

i. When the child is a part of a sibling group where one or more is below 15 years old;

ii. Special Home Finding was initiated before the childs 15th birthday;
iii. Other situations where the intent to adopt was manifested before the child reached 15.

d. The general ages of children cleared for inter-country adoption usually ranges from 6 months to 10 years old.

e. Special Needs or Hard to Place children include:

i. older children (usually boys or girls age 6 to 15 years old);

ii. Sibling groups of three (3) or more;
iii. Children with major medical/physical problems;
iv. Children with major developmental/neurological delay/handicap.

7. What is Relative Adoption?

Relative Adoption as applies to inter-country adoption, refers to the adoption of children by relatives residing abroad
within the fourth degree of consanguity.

8. Who may adopt under R.A. 8043?

An alien or a Filipino citizen permanently residing abroad may adopt by filing an application for inter-country adoption
of a Filipino child if they have the following qualities:

1. The adopter is at least twenty-seven (27) years of age and at least sixteen (16) years older than the child to
be adopted, at the time of the application, unless the adopter is the parent by nature of the child to be adopted
or the spouse of such parent;
 2. If married, their spouse must jointly file for the adoption;
3. Has the capacity to act and assume all rights and responsibilities of parental authority under his national laws,
and has undergone the appropriate counseling from an accredited counselor in his/her country;
4. Has not been convicted of a crime involving moral turpitude;
5. Is eligible to adopt under his/her national law;
6. Is in a position to provide the proper care and support and to give the necessary moral values and example to
all his children, including the child to be adopted;
7. Agrees to hold the basic rights of the child as embodied under Philippine laws, the U.N. Convention on the
Rights of the Child, and to abide by the rules and regulations issued to implement the provisions of R.A. 8043.
8. Comes from a country with whom the Philippines has diplomatic relations and whose government maintains a
similarly authorized and accredited agency and that adoption is allowed under his/her national laws;
9. Possesses all the qualifications and none of the disqualifications provided in R.A. 8043 and in other applicable
laws.

Former Filipinos permanently residing abroad and/or foreigners intending to undertake either local adoption (the filing
and the finalization of the adoption is done in the Philippines and have the intention of bringing the adoptive child to
their country of residence) or through the inter-country adoption route MUST first secure the approval from the
Central Authority or appropriate government agencies before filing any adoption petition.

Adoption applicants from the USA must first secure their suitability and eligibility to adopt (I800A) from the USA
Central Authority on Inter-Country Adoption.

Canada based adoption applicants obtain such approval from the Central Authority on Inter-country Adoption of the
Province or Territory of residence.

9. Where may a prospective adopter file his application for an inter-country adoption of a child?
An application to adopt a Filipino child shall be filed either with the Philippine Regional Trial Court having jurisdiction
over the child, or with the Board, through an intermediate agency, whether governmental or an authorized and
accredited agency, in the country of the prospective adoptive parents, which application shall be in accordance with
the requirements a set forth in the implementing rules and regulations to be promulgated by the Inter-Country
Adoption Board.

DSWD also states that the application may be filed with the Board through the Central Authority (CA) on Inter-
Country Adoption or a Board accredited Foreign Adoption Agency (FAA) or Governmental Adoption Agency (GAA) in
the country where the applicant resides.

10. What are the documents needed to process the inter-adoption of a child?
The following are the documents needed to be submitted to the Inter-Country Adoption Board, who acts as the central
authority in matters relating to inter-country adoption:

1. Birth Certificate of applicant(s);

2. Marriage contract, if married, and divorce decree, if applicable;
3. Written consent of their biological or adoptive children above ten (10) years of age, in the form of sworn
statement;
4. Physical, medical and psychological evaluation by a duly licensed physician and psychologist;
5. Income tax returns or any document showing the financial capability of the applicant (s);
6. Police clearance of applicant(s);
7. Character reference from the local church/minister, the applicants employer and a member of the immediate
community who have known the applicant(s) for at least five (5) years;
8. Recent postcard-size pictures of the applicant(s) and his immediate family;

11. How can a child be considered for placement in a prospective adopters family?
In order that a legally-free child may be considered for placement, the following documents also need to be submitted
to the Board:

1. Child study;
2. Birth certificate/foundling certificate;
3. Deed of voluntary commitment/decree of abandonment/death certificate of parents;
 4. Medical evaluation/history;
5. Psychological evaluation, as necessary;
6. Recent photo of the child.

12. What is the procedure for Relative Adoption cases?

The Questionnaire for Relative Adoptive Applicants (ICAB Form No.2), which can be downloaded from the website of
the Department of Social Welfare and Development, shall be submitted by the prospective adoptive parents (PAPs) to
the Central Authorities (CAs)/ Foreign Adoption Agencies (FAAs). The CAs/FAAs shall endorse to the Board, the
completed Questionnaire for Relative Adoptive Applicants (QRAA) with the agencys assessment and recommendation
on the prospective adoptive parents.

1. If the CA/FAA favorably recommends the PAPs, the Board social worker will then request the CA/FAA to
proceed with the preparation of the PAPs dossier. On the other hand, based on the significant data on the child
as indicated in the QRAA, the assigned ICAB Social Worker will request the DSWD Field Office (FO) to conduct
the Child Study Report (CSR) with supporting documents. Periodic follow-ups will be made with the DSWD-FO.
(The time frame from request to Boards receipt of the report will be 3-6 months. In situations where the FO
could not prepare the Child Study Report within the expected time frame in view of heavy adoption caseload,
the Board social worker will assist in the conduct of the CSR).

1. Once the Board receives from the DSWD-FO the childs dossier and the complete adoption application dossier
of the PAPs from the CA or FAA, the Board social worker will prepare an executive summary on the case with
his/her recommendation on the childs adoptive placement for the disposition of the Board.

13. What are the rules for Family Selection/Matching in Inter-Country Adoption?
The following are the rules for Family Selection/Matching in Inter-Country Adoption:

a) No child shall be matched to a foreign adoptive family unless it is satisfactorily shown that the child cannot be
adopted locally;

b) The clearance, as issued by the Board, with the copy of the minutes of the meetings, shall form part of the
records of the child to be adopted;

c) The Board would transmit the Placement Authority to the authorized and accredited inter-country adoption
agency;

d) The adoptive parents, or any one of them, shall personally fetch the child in the Philippines.

14. What do you mean by Family Matching?

Matching refers to the judicious pairing of the adoptive child and the applicant to promote a mutually satisfying
parent-child relationship.

15. Can a foreign couple immediately process for the inter-country adoption of a child?
No. It is stated in R.A. 8043 that the inter-country adoption of a child is a last resort only. R.A. 8043 states that the
Board shall ensure that all possibilities for adoption of a child under the Family Code have been exhausted and that
the inter-country adoption is in the best interest of the child. Towards this end, the Board shall set up the guidelines to
ensure that steps will be taken to place the child in the Philippines before the child is placed for inter-country
adoption.

This means that before a foreign couple may ask for the adoption of a child, the Board must first ensure that the child
was unable to be placed for adoption in the Philippines. Only then was it established that the child was unsuccessful in
being adopted in the Philippines, that the inter-country adoption of the child would be considered.

16. What are the Pre-Adoptive costs that the applicants in the inter-country adoption would have to
bear?
The applicants would have to bear the following costs incidental to the placement of the child:

a) The cost of bringing the child from the Philippines to the residence of the applicants abroad, including all travel
expenses within the Philippines and abroad;
b) The cost of passport, visa, medical examination and psychological evaluation required, and other related
expenses.

The following are the common Pre-Adoptive costs of Inter-Country Adoption (Exhange Rate: USD1.00 = PhP45.00)

ITEM PhP Cost USD Cost

National Statistics Office Birth Certificate or Foundling Certificate PhP400.00 USD8.89

E-Passport PhP1,200.00 USD26.67

Commission on Filipino Overseas Certificate PhP280.00 USD6.22

Other pre-travel/pre-adoptive cost such as visa pictures, visa medical fee, visa fee, authentication or legalization fee
of documents varies according to the Receiving Country.

These requirements and fees may change at any time.

17. What are the other fees that may be incurred in the inter-country adoption?
The following fees are provided for by Article III Section 13 of the Inter-Country Adoption Act of 1995 (RA 8043) and
Section 29 and 40 of the Amended Implementing Rules and Regulations on Inter-Country Adoption. Effective February
2007, the ICAB fees which applies to all adoption categories (Regular or Non-Relative, Relative, Special Needs, Special
Home Finding, Summer Program and Medical Missions):

FEES AMOUNT IN DOLLARS WHEN TO PAY

Application Fee USD200.00 Upon filing of the adoption
application.

Processing Fee USD2,000.00 for single placement Upon acceptance of the matching
proposal.
USD3,000.00 for sibling group or 2 or more (as of October 13,
2007)

Pre-adoptive The amount varies from one child to another depending on Upon acceptance of the matching
placement costs what part of the Philippines the child comes from and what proposal.
country he/she is going to.
Some Embassies of the Receiving Countries charge visa fees
and require visa medical examinations while others do not.
The total amount will be quoted by the Board in the placement
proposal.

The finalized Local Adoption cases requiring the Boards ratification has its own schedule of fees.

No adoption application will be processed and no Placement Authority will be issued unless the corresponding fees are
received by the Board.

These requirements and fees may change at any time.

18. How would the payments be made to the Board?

All payments (except for the CCSF which shall be addressed to the child caring agency where the child came from)
shall be in the form of a company check or international bank draft and shall be made payable to the Board. Personal
checks, travelers checks or cash WILL NOT be accepted.

19. Are there any documents that would need authenticating from the authorized agency?
The following documents require authentication from the Supreme Court, Department of Health and Department of
Foreign Affairs:

ITEM PhP Cost USD Cost

1. Birth or Foundling Certificate PhP250.00 per USD5.55 per
document document

1. Deed of Voluntary Commitment or Declaration of Abandonment or PhP250.00 per USD5.55 per

DSWD Certificate of Child Legally Available for Adoption document document

1. Placement Authority PhP250.00 per USD5.55 per

document document

1. Placement Proposal PhP250.00 per USD5.55 per

document document

1. Medical Evaluation Report/Medical Certificate

All these requirements are in compliance to the requirements of the following Receiving Countries: Belgium, France,
Germany, Italy, The Netherlands and Spain.

These requirements and fees may change at any time.

20. How long is processing time?

Adoption applicants that have substantive Home Study Report (HSR) and complete supporting documents are
reviewed and approved within one month from receipt of the adoption applicant/s' dossier. On the other hand,
adoption application with lacking information and/or documents are reviewed and processed depending upon the
submission/completion by the Central Authority/Foreign Adoption Agency (CA/FAA) of the requested information
and/or documents with the corresponding delay in its approval.

The matching or child referral or allocation largely depends on the stated child preference (i.e. child's age, gender and
state of health or extent of known background) of the Prospective Adoptive Parents (PAPs). This usually takes nine (9)
months to one (1) year after the PAPs' approval. If one is willing to accept a special needs child then it generally
shortens the waiting period for child allocation.

21. What happens during Trial Custody?

During the trial custody, the adopting parent(s) shall submit to the governmental agency or the authorized and
accredited agency, which shall in turn transmit a copy to the Board, a progress report of the childs adjustment. The
progress report shall be taken in consideration in deciding whether or not to issue the decree of adoption.

22. Who would supervise the Trial Custody of the child by the applicant?
The governmental agency or the authorized and accredited agency in the country of the adoptive parents which filed
the application for inter-country adoption shall be responsible for the trial custody and the care of the child. It shall
also provide family counseling and other related services. The trial custody shall be for a period of six (6) months from
the time of placement. Only after the lapse of the period of trial custody shall a decree of adoption by issued in the
said country, a copy of which shall be set to the Board to form part of the records of the child.
The Department of Foreign Affairs shall set up a system by which Filipino children sent abroad for trial custody are
monitored and checked as reported by the authorized and accredited inter-country adoption agency as well as the
repatriation to the Philippines of the Filipino child whose adoption has not been approved.

23. How is an adoption illegal?

An adoption is illegal if it is effected in any manner contrary to the provisions of R.A. 8043 or established State
policies, its implementing rules and regulations, executive agreements and other laws pertaining to adoption.

24. How would the illegality of the adoption be presumed?

Illegality of the adoption would be presumed from the following acts:

a) Consent for the adoption was acquired through, or attended by coercion fraud, improper material inducement;

b) There is no authority from the Board to effect adoption;

c) The procedures and safeguards placed under the law for adoption were not complied with; and

d) The child to be adopted is subjected to, or exposed to danger, abuse and exploitation.

25. What is child trafficking?

Acts punishable under R.A. 8043, when committed by a syndicate or where it involves two or more children shall be
considered an offense constituting child trafficking and shall merit the penalty of reclusion perpetua.

According to Republic Act No. 9208, otherwise known as the Anti Trafficking of Persons Act of 2003, Trafficking in
Persons refers to the recruitment, transportation, transfer or harboring, or receipt of persons with or without the
victim's consent or knowledge, within or across national borders by means of threat or use of force, or other forms of
coercion, abduction, fraud, deception, abuse of power or of position, taking advantage of the vulnerability of the
person, or, the giving or receiving of payments or benefits to achieve the consent of a person having control over
another person for the purpose of exploitation which includes at a minimum, the exploitation or the prostitution of
others or other forms of sexual exploitation, forced labor or services, slavery, servitude or the removal or sale of
organs.

The recruitment, transportation, transfer, harboring or receipt of a child for the purpose of exploitation shall also be
considered as "trafficking in persons" even if it does not involve any of the means set forth in the preceding
paragraph.

26. When is it deemed to have been committed by a syndicate?

Acts punishable under R.A. 8043 are deemed committed by a syndicate if carried out by a group of three (3) or more
persons conspiring and/or confederating with one another in carrying out any of the lawful acts defined under R.A.
8043.
A Primer on the Philippine Law on Inter-Country Adoption
Inter-country adoption in the Philippines is governed by Republic Act (R.A.) No. 8043 or the Inter-Country Adoption Act of 1995. The law
aims to place every neglected and abandoned child with an adoptive family. Preference is given to Filipino adoptive parents as can be
seen from the law's restrictive stance towards adoption of Filipino children by alien prospective adoptive parents (PAP). The law allows
inter-country adoption to alien (PAP) only if it shown that the same is for the best interests of the child. R.A. No. 8043 is in accord with
the Hague Convention on the Protection of Children and Co-Operation in Respect of Inter-Country Adoption, to which the Philippines is
a State Party.

The Inter-Country Adoption Board (ICABM) created by R.A. No. 8043 is the central authority in matters relating to inter-country
adoption of Filipino children. It is the same policy-making and regulatory body responsible for the approval of all inter-country adoption
applications and placements.

The Inter-Country Adoption Process

The adoption process begins with the application for adoption submitted to the ICAB. The PAP may be an alien or a Filipino citizen
permanently residing abroad. Before the PAP may be allowed to adopt, he must: (1) be at least twenty-seven (27) years old and should
at least be sixteen (16) years older than the child to be adopted at the time of application, unless the adopter is the biological parent of
the child to be adopted or the spouse of such parent; (2) if married, his/her spouse must jointly file the application for adoption; (3) have
the capacity to act and assume all rights and responsibilities of parental authority under his national laws, and has undergone the
appropriate counseling from an accredited counselor in his/her country; (4) have not been convicted of a crime involving moral
turpitude; (5) eligible to adopt under his/her national law; (6) in a position to provide the proper care and support and to give moral
guidance to his children, the prospective adoptee included; (7) agree to uphold the basic rights of the child as embodied under the
Philippine laws, the U.N. Convention on the Rights of the Child, and to abide by the rules and regulations issued to implement the
provisions of R.A. No. 8043; (8) a national of a country with whom the Philippines maintains diplomatic relations and whose government
maintains a similarly authorized and accredited agency and that his/her national laws allows inter-country adoption; and (9) possess all
the foregoing qualifications and none of the disqualifications provided in other applicable Philippine laws.

With respect to the adoptee, R.A. No. 9523 otherwise known as "An Act Requiring the Certification of the Department of Social Welfare
and Development to Declare a Child Legally Available for Adoption" mandates that only a child legally available for adoption may be the
subject of inter-country adoption. A child legally available for adoption refers to a child in whose favor a certification was issued by the
Department of Social Welfare and Development (DSWD) that he/she is legally available for adoption after the fact of abandonment or
neglect has been proven through the submission of pertinent documents.

Where to File the Application

After securing the Certification from the DSWD that the child is legally available for adoption, the petition/application may be filed in (1)
the Regional Trial Court having jurisdiction over the child; or (2) with the ICAB, through an accredited intermediate agency in the
country of the prospective adoptive parents.

Foreigners who opt to file a petition for adoption in court in accordance with the Domestic Adoption Act , need not submit the application
to ICAB. The Court will refer the petition to ICAB which shall act on the application. Foreigners must meet the following conditions under
Philippine adoption law: (1) the PAP must be a resident of the Philippines for at least three (3) years prior to the filing of the petition and
should be able to maintain such residence until the adoption decree is granted by the court; and (2) submit a certification of legal
capacity to adopt issued by the appropriate government agency from the state of residence.

The Philippine government may however waive the foregoing requirements if it is shown that the PAP is: (1) a former Filipino citizen
seeking to adopt a relative within the fourth degree of consanguinity, as defined under Philippine law; or (2) one seeking to adopt the
legitimate son/daughter of his/her Filipino spouse; or (3) married to a Filipino and who seeks to adopt jointly with his/her spouse a
relative within the fourth degree of consanguinity, as defined under Philippine law.

The Adoption Process

The ICAB is expected to act upon the application within one (1) month from its receipt. Documents such as the Child Study and Home
Study Reports, Birth or Foundling Certificate, Certification from the DSWD that the child is legally available for adoption must be
submitted together with the application. Applications are reviewed and processed only when the required documents are completely
submitted.

Matching the prospective adoptive child with an applicant shall thereafter be carried out in a matching conference conducted by the
ICAB. The process of matching entails the review of adoption dossiers, submission of matching proposals, and deliberations. Matching
or child referral will depend largely on the stated child preference of the PAP. This usually takes two (2) to three (3) years after the
approval of the matching proposal.

Upon approval of a matching proposal, notice shall be given to the concerned Central Authority or foreign adoption agency. After the
applicant has accepted the matching proposal, the ICAB shall issue a Placement Authority. The applicant is thereafter assessed for pre-
adoptive placement fees which may range anywhere between US$2000 to US$3000 per placement. The amount varies from one child
to another. Factors such as visa fees and medical examinations contribute to the variance in fees.
Problem Areas
Trial custody of the child commences upon the physical transfer of the child to the applicant who, as custodian, shall exercise substitute
parental authority over the child. Trial custody is supervised by the Central Authority and/or Foreign Adoption Agency (FAA) concerned.
Regular reports on the child's health, psycho-social adjustment, and relationship with the applicants shall be furnished by the FAA to the
ICAB. If the child suffers abuse or injury from the PAP or other household members of the adoptive family, the Central Authority or the
FAA is mandated to step in and protect the child. It may do so by withdrawing the child from and terminating the trial custody.

Recent Developments
A recent study conducted by the ICAB on the number of children cleared for inter-country adoption vis--vis the number of prospective
adoptive families revealed a glaring disproportion between the number of children against a long list of prospective adoptive families,
resulting in a protracted waiting period for child placement. This prompted the ICAB to temporarily suspend the acceptance of additional
adoption applications from FAAs. The temporary suspension as enunciated in the ICAB Resolution issued on December 9, 2010
however, only applies to FAAs which have sent ten (10) or more applications per year for the last three (3) years (2008-2010). The
FAAs affected by this new policy shall be required to temporarily refrain from sending additional applications until the waiting period for
applicant families have decreased for the next two (2) years.

Best interest of the child above all else

For many, the benefits of adoption outweigh the risks. Through adoption, many childless couples have found a way to realize their
dream of raising a family. Adoption has also placed countless homeless Filipino children to the care of loving adoptive parents who are
emotionally and financially ready to support them. It is because of these inherent benefits in adoption that the Philippines takes a liberal
view on inter-country adoption and promotes the same not only as an act that creates a relationship of paternity and filiation, but also
one aimed at giving every prospective adoptee a chance at a better future.

Along with the liberality accorded to adoption, the principle of "best interest of the child" pervades Philippine cases involving adoption
and child custody. Philippine law mandates that in choosing the parent to whom custody is given, the welfare of the child should always
be the paramount consideration. Aside from the material resources, as well as the moral and social situations of the PAP, all relevant
circumstances that impact on the child's well-being and development are considered. It is in keeping with this principle that all programs
on inter-country adoption are geared towards the betterment of the adopted child.

1. Section 2, R.A. No. 8043.

2. Ibid.

3. R.A. No. 8552

4. In Re: Adoption of Stephanie Nathy Astorga Garcia, G.R. No. 148311, March 31, 2005.

5. Joycelyn Pablo-Gualberto vs. Crisanto Rafaelito Gualberto, G.R. No. 154994, June 28, 2005.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your
specific circumstances.